The Texas Co.

National Labor Relations Board - Board Decisions

May 23, 1944

56 N.L.R.B. 825 (N.L.R.B. 1944)

In the Matter of THE TEXAS COMPANY and OIL WORKERS INTER-
NATIONAL UNION, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. 16-R-888.-Decided May 2S, 1944
Messrs. John C. Jackson , of Houston, Tex., F . S. Dengler , of Port
Neches, Tex., and W. R. Moser, of Port Arthur , Tex., for the
Company.
Messrs . F. H. Mitchell and S. S. Crane, of Port Neches , Tex., for
the Union.
Mr. William Whitsett, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
. Upon a petition duly, filed by Oil Workers International Union,
affiliated with the Congress of Industrial Organizations, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of The Texas Company,
Port Neches, Texas, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Robert F. Proctor, Trial Examiner. Said hearing was held
at Beaumont, Texas, on April 18, 1944. The Company and the Union
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a Delaware corporation with its principal- office
in New York City. It is engaged in the production, transportation,
56 N. L. R. B., No. 153.
825
826 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
refining, and sale of petroleum and,related products. The Company's
plant located at Port Neches, Texas, called the Port Neches Works,
is the only one involved in this proceeding. During 1943 the Port
Neches Works produced petroleum products,of substantial quantity
and value, of which more than 30 percent was shipped to points out-
side the State of Texas.' ' -
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED'
Oil Workers International Union, affiliated with the Congress of-In-
dustrial Organizations, is a labor organization admitting to member-
ship employees 'of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its clerical and office employees
until the Union has been certified by the Board in an appropriate
'unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in, the unit hereinafter found appropriate.2
" We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV.- THE APPROPRIATE UNIT
The Union seeks a unit composed of, all office and clerical employees
but 'excluding employment supervisors, first-aid nurses, engineers,
chemists, confidential and private secretaries, chief clerks and assistant.
chief clerks, superintendents, and assistant s`uperin,tendents. The
Company contends that head clerks, the storekeeper,'and the cashier
should likewise be excluded as supervisory employees and a part of
management; and that countermen, whom. the Union seeks to include
in the office-clerical unit, are already a part of a production and main-
tenance bargaining unit and 'should therefore be excluded.
I Since, for military reasons, the Company objected to a further disclosure of'its opera-
tions, we take judicial notice of the facts in this 'regard appearing in the record of a prior
proceeding before the Board. Matter of The Texas Company, Port Neches Refinery, 28
N. L R. B. 590.
2 The Field Examiner reported that the Union submitted 34 cards which bore apparently
genuine original signatures ; that the names of 31 persons appearing on the cards were
listed on the Company 's pay roll of April 1, 1944 , which contained the names of 64
employees in the appropriate unit; and that all the cards were dated during March 1944.
THE TEXAS COMPANY 827,
There are four head clerks, one each for the general office, shipping;
stock, and time departments. The record shows that these head clerks
have no power to hire or discharge employees; that their duties re-
quire them to make recommendations as to the status of employees and
that their recommendations are given weight and effect; that over 75
percent of their time is devoted to supervising ,and instructing subor-
dinates; that all receive higher pay than other employees in their de-
partment; and that employees look 'upon them as their. supervisors.
For these reasons, we shall exclude the head clerks from the unit.
The storekeeper can effectively recommend action affecting changes'
in the status of five full-time and two part-time employees who serve
in the storehouse under his supervision. We shall, therefore, exclude
him from this unit. '
There are tliree countermen who work .under the supervision. of the
storekeeper. They receive and check all materials entering and leav-
ing the warehouse. ' About 50 percent of their work is clerical and
they are supervised by the office-clerical division of the Company.
However, their contacts are predominantly with employees of the.oper-
ating unit rather than with office or clerical employees, and their line
.of promotion is generally into the operating unit rather than into office-
clerical positions. The Union would include the countermen in its
unit because of the clerical nature of their duties; the Company would
exclude them because in a previous Board election they were included
in the operating unit and are presently represented by the Union in
that unit. Under the circumstances of this case, we are persuaded
that the position of the Company is correct. Because of the com-
munity of interest and associations of these employees with employees
in the operating unit, and because of the prior practice, acquiesced in
by both the Company and the Union, of including them in the opeiat-
ing unit, we are of the opinion, and we find, that they should be
excluded from the office-clerical unit herein found appropriate.
The cashier of the general office performs no routine clerical work
except in connection with the private pay roll which is of a confi-
dential nature. He is invested with duties of great trust. The per,
formance of his duties has nothing in common with office and clerical
employees. We shall therefore exclude him from the unit.
We find that all. office and clerical employees of the Company at
its Port Neches, Texas, plant, but excluding employment supervisors,
first-aid nurses, engineers, chemists, confidential and private secre-
taries, chief clerks, assistant chief clerks, head clerks of the general
office, of the shipping department, of the stock department, and of the
time department, the cashier of the general office, 'the storekeeper,
countermen in the storehouse, superintendents and assistant superin-
tendents, and all other supervisory employees with authority to hire,
promote, discharge, di9cipline, or otherwise effect changes in the status
828 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Texas Com-
pany, at its Port Neches Works, Port Neches, Texas, an election by
secret ballot shall be conducted as early as possible, but not later than
thirty (30) days from the date of this Direction, under the direction
and supervision of the Regional Director for the Sixteenth Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11,_of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during the said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding those employees who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election, to determine whether or not they desire to be
represented by Oil Workers International Union, affiliated with the
Congress of Industrial Organizations, for the purposes of ,collective
bargaining.
CHAIRMAN MILLIS took no part in the consideration of, the above
Decision and Direction of Election.